STATE OF INDIANA

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BEFORE THE INDIANA DEPARTMENT

 

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SS:

OF ENVIRONMENTAL MANAGEMENT

COUNTY OF MARION

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COMMISSIONER OF THE DEPARTMENT

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OF ENVIRONMENTAL MANAGEMENT,

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Complainant,

 

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v.

 

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Case Nos. 2003-12777-A and

 

 

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2004-14945-A

LEHIGH CEMENT COMPANY

 

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Respondent

 

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AGREED ORDER

 

The Complainant and the Respondent desire to settle and compromise this action without hearing or adjudication of any issue of fact or law, and consent to the entry of the following Findings of Fact and Order.  Pursuant to IC 13-30-3-3, entry into the terms of this Agreed Order does not constitute an admission of any violation contained herein.  Respondent's entry into this Agreed Order shall not constitute a waiver of any defense, legal or equitable, which Respondent may have in any future administrative or judicial proceeding, except a proceeding to enforce this order.

 

I.  FINDINGS OF FACT

 

1.                  Complainant is the Commissioner (“Complainant”) of the Indiana Department of Environmental Management, a department of the State of Indiana created by IC 13-13-1-1.

 

2.                  Respondent is Lehigh Cement Company ("Respondent"), which owns and operates the Portland cement manufacturing source with Plant ID No. 093-00002, located at 121 North First Street, in Mitchell, Lawrence County, Indiana (“Site”).

 

3.                  The Indiana Department of Environmental Management (“IDEM”) has jurisdiction over the parties and the subject matter of this action.

 

4.                  Pursuant to IC 13-30-3-3, on April 13, 2004, IDEM issued a Notice of Violation via Certified Mail to:

 

Helmut Erhard, President

CT Corporation System, Registered Agent

Lehigh Cement Company

36 S. Pennsylvania Street

7660 Imperial Way

Suite 700

Allentown, Pennsylvania 18195

Indianapolis, Indiana  46204

 

5.                  Pursuant to IC 13-30-3-3, on March 2, 2006, IDEM issued a Notice of Violation via Certified Mail to:

 

Helmut Erhard, President

CT Corporation System, Registered Agent

Lehigh Cement Company

36 S. Pennsylvania Street

7660 Imperial Way

Suite 700

Allentown, Pennsylvania 18195

Indianapolis, Indiana  46204

 

6.                  A compliance test of Clinker Cooler No. 2 was conducted at the Site on November 19-20, 2002 and was observed by a representative of IDEM’s Office of Air Quality (OAQ).  The following violations were in existence at the time of this compliance test: 

 

a.                  Pursuant to 40 CFR 63.1345 (National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing Industry – Standards for Clinker Coolers) and 326 IAC 20-27-1, Respondent shall limit particulate matter from each clinker cooler to 0.10 pound per ton of feed (dry basis) to the kiln. 

The Respondent demonstrated the average particulate matter emissions were 1.42 pound per ton of feed (dry basis), a violation of 40 CFR 63.1345 and 326 IAC 20-27-1.

 

7.                  The Respondent re-tested Clinker Cooler No. 2 on January 17, 2003 and demonstrated the average particulate matter emissions were 0.01 pounds per ton of feed (dry basis), demonstrating compliance with the limit of 0.10 pound per ton of feed (dry basis) established in 40 CFR 63.1345 and 326 IAC 20-27-1.

 

8.                  A compliance test of Clinker Cooler No. 2 was conducted at the Site on December 12, 2003 and was observed by a representative of IDEM’s Office of Air Quality (OAQ).  The following violations were in existence at the time of this compliance test:

 

a.                  Pursuant to 40 CFR 63.1345 (National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing Industry – Standards for Clinker Coolers) and 326 IAC 20-27-1, Respondent shall limit particulate matter from each clinker cooler to 0.10 pound per ton of feed (dry basis) to the kiln.

The Respondent demonstrated the average particulate matter emissions were 0.185 pound per ton of feed (dry basis), a violation of 40 CFR 63.1345 and 326 IAC 20-27-1.

 

9.                  The Respondent re-tested Clinker Cooler No. 2 on May 11, 2004 and demonstrated the average particulate matter emissions were 0.01 pounds per ton of feed (dry basis), demonstrating compliance with the limit of 0.10 pound per ton of feed (dry basis) established in 40 CFR 63.1345 and 326 IAC 20-27-1.

 

10.             In recognition of the settlement reached, Respondent waives any right to administrative and judicial review of this Agreed Order.

 

II.  ORDER

 

1.                  This Agreed Order shall be effective ("Effective Date") when it is approved by the Complainant or his delegate, and has been received by the Respondent.  This Agreed Order shall have no force or effect until the Effective Date.

 

2.                  Respondent shall comply with 40 CFR 63 Subpart LLL and 326 IAC 20-27-1.

 

3.                  Respondent is assessed a civil penalty of Thirty-Six Thousand Dollars ($36,000).  Said penalty amount shall be due and payable to the Environmental Management Special Fund within thirty (30) days of the Effective Date of this Agreed Order.

 

4.                  Civil penalties are payable by check to the Environmental Management Special Fund.  Checks shall include the Case Number of this action and shall be mailed to:

 

Indiana Department of Environmental Management

Cashier’s Office - Mail Code 50-10C

100 North Senate Avenue

Indianapolis, Indiana  46204-2251

 

1.                  In the event that the civil penalty required by Order paragraph 3 is not paid within thirty (30) days of the Effective Date of this Agreed Order, Respondent shall pay interest on the unpaid balance at the rate established by IC 24-4.6-1-101.  The interest shall continue to accrue until the civil penalty is paid in full.

 

2.                  This Agreed Order shall apply to and be binding upon the Respondent, its successors and assigns. The Respondent's signatories to this Agreed Order certify that they are fully authorized to execute this document and legally bind the parties they represent.  No change in ownership, corporate, or partnership status of the Respondent shall in any way alter its status or responsibilities under this Agreed Order.

 

3.                  In the event that any terms of the Agreed Order are found to be invalid, the remaining terms shall remain in full force and effect and shall be construed and enforced as if the Agreed Order did not contain the invalid terms.

 

4.                  The Respondent shall provide a copy of this Agreed Order, if in force, to any subsequent owners or successors before ownership rights are transferred.   Respondent shall ensure that all contractors, firms and other persons performing work under this Agreed Order comply with the terms of this Agreed Order.

 

5.                  This Agreed Order shall remain in effect until Respondent complies with Order paragraph No. 3 of this Agreed Order.

 

TECHNICAL RECOMMENDATION:

RESPONDENT:

Department of Environmental Management

Lehigh Cement Company

 

 

By: __________________________

By:________________________________

David P. McIver

 

Chief, Air Section

 

Office of Enforcement

 

 

Printed: _____________________________

 

 

 

Title: _______________________________

 

 

Date: ______________________

Date: ______________________________

 

 

 

 

COUNSEL FOR COMPLAINANT:

COUNSEL FOR RESPONDENT:

Department of Environmental Management

 

 

 

By: ______________________

By: __________________________

Office of Legal Counsel

 

 

 

Date: ______________________

Date: ________________________

 

 

 

APPROVED AND ADOPTED BY THE INDIANA DEPARTMENT OF ENVIRONMENTAL

 

 

MANAGEMENT THIS

____

DAY OF

________________

, 200

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.

 

 

 

 

 

For The Commissioner:

 

 

 

 

 

 

 

Signed 4/25/06

 

 

 

Matthew T. Klein

 

 

 

Assistant Commissioner

 

 

 

of Compliance and Enforcement